Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZKNX v Minister for Immigration and Citizenship [2008] FCAFC 176
MIGRATION – time limit on application for review of a migration decision – meaning of "actual (as opposed to deemed) notification of the decision" – does delivery by mail and actual receipt and physical possession of the written statement of the decision by the applicant constitute actual notification? – does actual notification require personal service of the written statement of the decision?
Migration Act 1958 (Cth), ss 430 and 477 Migration Litigation Reform Act 2005 (Cth), Item 42 of Schedule 1 Minister for Immigration and Multicultural Affairs v SZKKC (2007) 159 FCR 565 WACB v The Minister for Immigration and Multicultural and Indigenous Affairs (2004) 79 ALJR 94 SZKNX v MINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR
NSD 1115 OF 2007
SUNDBERG, EMMETT AND TRACEY JJ
21 OCTOBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1115 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SZKNX
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGES: SUNDBERG, EMMETT AND TRACEY JJ DATE OF ORDER: 21 OCTOBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1115 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SZKNX
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
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